What is the difference between constitutional and statutory law?
In Florida, the distinction between constitutional and statutory law is important to understand. Constitutional law consists of laws and principles that have been established within the boundaries of the U.S. Constitution. This means that the concepts and rules that are part of constitutional law are derived from the U.S. Constitution itself. Statutory law, on the other hand, is the set of laws and regulations that are created by state governments. These laws are typically designed to fill in the gaps between what the U.S. Constitution covers and what states choose to regulate within their own borders. In Florida, the U.S. Constitution is the supreme law of the land, meaning that all state laws must comply with its dictates. This includes any laws that Florida legislatures create—which must fit within the federal framework. If a Florida law is found to be in conflict with the Constitution, then it is declared void. Ultimately, the difference between constitutional and statutory law comes down to their source. Constitutional law is derived from the U.S. Constitution, while statutory law is created by the state government. It’s also important to remember that state laws must stay within the boundaries of the Constitution if they are to remain valid.
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